ARB.P. 1073/2026 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010215672026 + ARB.P. 880/2026 TATA CAPITAL LIMITED .....Petitioner Through: Mr. Varun Kumar and Ms. Ragini Kapoor, Advs. versus TANVI ENTERPRISES AND ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 12.08.2026 1. By way of the present petition, the Petitioner seeks appointment of a Sole Arbitrator in accordance with Section 11(6) of the Arbitration and Conciliation Act, 19961. 2. The disputes between the parties arises out of a Loan-cum- Guarantee Agreement dated 06.08.2024 and the subsequent agreement for Channel Finance dated 07.03.2025, whereby the loan facility granted by the Petitioner to the Respondent No. 1 was renewed and enhanced from Rs.10 Lakhs to Rs.15 Lakhs. 3. It is the case of the Petitioner that the Respondents committed 1 “the Act” hereinafter Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:27:12 Signature Not Verified ARB.P. 1073/2026 default in repayment of the loan facility due to which an amount of Rs. 14,32,864/- is outstanding and payable by the Respondents. 4. Clause 17 of the Channel Finance Agreement dated 07.03.2025 provides that any dispute arising out of it, can be referred to arbitration. Clause 17 is reproduced hereinunder: - “17. Arbitration If any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility or as to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the parties under the T&Cs or alleged breach of the Facility Documents or anything done or omitted to be done pursuant to the Facility Documents, the same shall be referred to arbitration by a sole arbitrator. The Party invoking the arbitration shall address a notice to the other Party suggesting name/s of the arbitrator/s and thereupon the Parties shall mutually agree on a sole arbitrator within a period of 10 days. The parties may also mutually agree upon the name of an arbitration institution to appoint the sole arbitrator. If the Parties fail to mutually agree as aforesaid, then the arbitrator shall be appointed by the competent court having jurisdiction as mentioned in Serial No. 17 of Annexure 1 hereto of the Agreement. The seat of arbitration shall be the place agreed in Serial No. 17 of Annexure 1 hereto of the Agreement. The arbitration shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996 together with its amendments, any statutory modifications or re- enactment thereof for the time being in force. The arbitration proceeding shall be conducted in English language. The award of the arbitrator shall be final and binding on all Parties concerned. The cost of arbitration including any stamp duty on award/s shall be borne by the Obligors.” 5. Learned Counsel for the Petitioner submits that, in terms of the aforesaid arbitration clause, a notice invoking arbitration in terms of Section 21 of the Act was issued to the Respondents on 28.02.2026. Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:27:12 Signature Not Verified ARB.P. 1073/2026 6. On the last date of hearing, this Court passed the following order, though the appearance slip was not given by the Respondent: - “1. Learned Counsel who appears for the respondents seeks a short date to file the reply. At his request, one week's time is granted to the respondents to file the reply. No further extension shall be granted. 2. List on 12.08.2026.” 7. Today, the matter has been called out twice. However, none appeared on behalf of the Respondents and no reply has been filed. 8. As the service is sufficient and despite the opportunity granted by this Court, none appears on behalf of the Respondents, I find no reason to further defer the matter. 9. In any way, it is well settled that, while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement. 10. In the present case, there is no dispute with regard to the existence of a valid arbitration clause between the parties. The Petitioner has also invoked the said clause by notice dated 28.02.2026. Despite sufficient notice and opportunity, the Respondents have chosen not to appear or place any objection on record. At no stage, arbitration clause was disputed. 11. In view of the aforesaid, this Court finds no impediment in appointing a Sole Arbitrator. Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:27:12 Signature Not Verified ARB.P. 1073/2026 12. Accordingly, Mr. Ishwar Singh, Advocate, (Mob. No. 9602425161) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within two weeks from today. 13. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within two weeks of entering reference. 14. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees in accordance with DIAC Administrative Cost and Arbitrators’ Fees Rules, 2018. 15. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law. 16. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits and with claims and counter claims uninfluenced by any observations contained in the present order. 17. The Registry is directed to send a receipt of this order to Mr. Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:27:12 Signature Not Verified ARB.P. 1073/2026 Ishwar Singh, learned Arbitrator through all permissible modes including email. 18. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J AUGUST 12, 2026/ss Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:27:12